38 §3119. Reporting requirements
§3119. Reporting requirements This section establishes annual reporting requirements for initiators of deposit and for pick-up agents that are not initiators of deposit. [PL 2019, c. 526, §14 (NEW).] 1. Initiator of deposit annual report. Each initiator of deposit shall report annually by March 1st to the department concerning its deposit transactions in the […]
38 §3104. Dealer as distributor
§3104. Dealer as distributor Whenever a dealer or group of dealers receives a shipment or consignment of, or in any other manner acquires, beverage containers outside the State for sale to consumers in the State, the dealer or dealers shall comply with this chapter as if they were distributors, as well as dealers. [PL […]
38 §3002. Definitions
§3002. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 370, §1 (NEW).] 1. Activity and use limitations. “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. [PL 2005, c. 370, §1 (NEW).] […]
38 §3105. Labels; stamps; brand names
§3105. Labels; stamps; brand names 1. Labels. Except as provided under subsections 2 and 4, the refund value and the word “Maine” or the abbreviation “ME” must be clearly indicated on every refundable beverage container sold or offered for sale by a dealer in this State, by embossing, stamping, labeling or other method of secure […]
38 §3003. Nature of rights
§3003. Nature of rights 1. Holder. Any person, including a person that owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. When […]
38 §3106. Application
§3106. Application 1. Dealer acceptance. Except as otherwise provided in this section, a dealer operating a retail space of 5,000 square feet or more may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container or refuse to pay in cash the refund value […]
38 §3004. Contents of environmental covenant
§3004. Contents of environmental covenant 1. Required contents. An environmental covenant must: A. State that the instrument is an environmental covenant executed pursuant to this chapter; [PL 2005, c. 370, §1 (NEW).] B. Contain a legally sufficient description of the real property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] […]
38 §3107. Commingling of beverage containers
§3107. Commingling of beverage containers Notwithstanding any other provision of this chapter to the contrary, 2 or more initiators of deposit may enter into a commingling agreement through which some or all of the beverage containers for which the initiators have initiated deposits may be commingled by dealers and operators of redemption centers as provided […]
38 §3005. Validity; effect on other instruments
§3005. Validity; effect on other instruments 1. Runs with land. An environmental covenant that complies with this chapter runs with the land. [PL 2005, c. 370, §1 (NEW).] 2. Valid and enforceable. An environmental covenant that is otherwise effective is valid and enforceable even if: A. It is not appurtenant to an interest […]
38 §3108. Unclaimed deposits
§3108. Unclaimed deposits The provisions of this section apply only to those beverage containers that are not subject to a commingling agreement pursuant to section 3107. [PL 2015, c. 166, §14 (NEW).] 1. Deposit transaction fund. An initiator of deposit shall maintain a separate account to be known as the initiator’s deposit transaction fund. […]